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Do we need H1 stamp after change of status from H4 while cruising outside USA

San Jose, CA |

Me (on H1 visa) and my wife (on H4 visa) are planning for a cruise but while returning at the port of entry (Mexico) I am not sure if my wife would need an H1 stamping if her H1 gets approved for this year. She currently has a valid H4 visa stamped on her passport but she is also in the process for her separate H1 visa that is yet to get approved for this year.

Attorney Answers 3


Under the Contiguous Territory rule, one can travel to an (Mexico and Canada), remain there for up to 30 days and be readmitted back to the US without necessitating a consular visa stamp.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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I will agree with my colleague. Worst case scenario, she can always enter on the H4 and then re-apply for the H1B.

Shah Peerally, Attorney at Law President of Shah Peerally Law Group PC Newark CA Important: The above is provided for educational purposes only. You should not act or refrain to act solely based on the information provided. Cases differ and success in one case might not constitute guaranty of success in your case. We recommed to talk to a licensed attorney before you proceed. For more information on call us on 510 742 5887

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No visa is need to return to the US after a short trip to Mexico.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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